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SEC. 109.

 Exempt Transactions. – not fall within this classification and shall therefore be
subject to duties, taxes and other charges;
(1) Subject to the provisions of Subsection (2) hereof,
the following transactions shall be exempt from the (E) Services subject to percentage tax under Title V;
value-added tax.
(F) Services by agricultural contract growers and milling
(A) Sale or importation of agricultural and marine food for others of palay into rice, corn into grits and sugar
products in their original state, livestock and poultry of cane into raw sugar;
or king generally used as, or yielding or producing foods
for human consumption; and breeding stock and genetic (G) Medical, dental, hospital and veterinary services
materials therefor. except those rendered by professionals;

Products classified under this paragraph shall be (H) Educational services rendered by private educational
considered in their original state even if they have institutions, duly accredited by the Department of
undergone the simple processes of preparation or Education (DepED), the Commission on Higher
preservation for the market, such as freezing, drying, Education (CHED), the Technical Education and Skills
salting, broiling, roasting, smoking or stripping. Polished Development Authority (TESDA) and those rendered by
and/or husked rice, corn grits, raw cane sugar and government educational institutions; [55]
molasses, ordinary salt and copra shall be considered in
their original state; [94] (I) Services rendered by individuals pursuant to an
employer-employee relationship;
(B) Sale or importation of fertilizers; seeds, seedlings
and fingerlings; fish, prawn, livestock and poultry feeds, (J) Services rendered by regional or area headquarters
including ingredients, whether locally produced or established in the Philippines by multinational
imported, used in the manufacture of finished feeds corporations which act as supervisory, communications
(except specialty feeds for race horses, fighting cocks, and coordinating centers for their affiliates, subsidiaries
aquarium fish, zoo animals and other animals generally or branches in the Asia-Pacific Region and do not earn
considered as pets); or derive income from the Philippines;

(C) Importation of personal and household effects (K) Transactions which are exempt under international
belonging to the residents of the Philippines returning agreements to which the Philippines is a signatory or
from abroad and nonresident citizens coming to resettle under special laws, except those under Presidential
in the Philippines: Provided, That such goods are exempt Decree No. 529; [55]
from customs duties under the Tariff and Customs Code
of the Philippines; (L) Sales by agricultural cooperatives duly registered
with the Cooperative Development Authority to their
(D) Importation of professional instruments and members as well as sale of their produce, whether in its
implements, tools of trade, occupation or original state or processed form, to non-members; their
employment, [95] wearing apparel, domestic animals, and importation of direct farm inputs, machineries and
personal and household effects belonging to persons equipment, including spare parts thereof, to be used
coming to settle in the Philippines or Filipinos or their directly and exclusively in the production and/or
families and descendants who are now residents or processing of their produce;
citizens of other countries, such parties hereinafter
referred to as overseas Filipinos, in quantities and of the (M) Gross receipts from lending activities by credit or
class suitable to the profession, rank or position of the multi-purpose cooperatives duly registered with the
persons importing said items, [95] for their own use and Cooperative Development Authority;
not for barter or sale, accompanying such persons, or
arriving within a reasonable time: [96] Provided, That the (N) Sales by non-agricultural, non- electric and non-
Bureau of Customs may, upon the production of credit cooperatives duly registered with the Cooperative
satisfactory evidence that such persons are actually Development Authority: Provided, That the share capital
coming to settle in the Philippines and the goods are contribution of each member does not exceed Fifteen
brought from their former place of abode, exempt such thousand pesos (P15,000) and regardless of the
goods from payment of duties and taxes:[97] Provided, aggregate capital and net surplus ratably distributed
further, That the vehicles, vessels, aircrafts, machineries among the members;
and other similar goods for use in manufacture,[97] shall
(O) Export sales by persons who are not VAT- (W) Sale or lease of goods and services to senior citizens
registered; and persons with disability, as provided under Republic
Act Nos. 9994 (Expanded Senior Citizens Act of 2010)
(P) Sale of real properties not primarily held for sale to and 10754 (An Act Expanding the Benefits and
customers or held for lease in the ordinary course of Privileges of Persons With Disability), respectively; [95]
trade or business or real property utilized for low-cost
and socialized housing as defined by Republic Act No. (X) Transfer of property pursuant to Section 40(C)(2) of
7279, otherwise known as the Urban Development and the NIRC, as amended; [95]
Housing Act of 1992, and other related laws, residential
lot valued at One million pesos (P1,500,000) and below, (Y) Associations dues, membership fees, and other
house and lot, and other residential dwellings valued at assessments and charges collected by homeowners’
Two million five hundred thousand pesos (P2,500,000) associations and condominium corporations; [95]
and below: Provided, That beginning January 1, 2021,
the VAT exemption shall only apply to sale of real (Z) Sale of gold to the Banko Sentral ng Pilipinas (BSP);
properties not primarily held for sale to customers or [101]

held for lease in the ordinary course of trade or business,


sale of real property utilized for socialized housing as (AA) Sale of or importation of prescription drugs and
defined by Republic Act No. 7279, sale of house and lot, medicines for: [102]
and other residential dwellings with the selling price of
not more than Two million pesos (P2,000,000): (i) Diabetes, high cholesterol, and hypertension
[95]
 Provided, further, That every three (3) years beginning January 1, 2020; and [103]
thereafter, the amount herein stated shall be adjusted to
its present value using the Consumer Price Index, as
(ii) Cancer, mental illness, tuberculosis, and kidney
published by the Philippine Statistics Authority
diseases beginning January 1, 2021. [104]
(PSA); [98] [99]
Provided, That the DOH shall issue a list of approved
(Q) Lease of a residential unit with a monthly rental not
drugs and medicines for this purpose within sixty (60)
exceeding Fifteen thousand pesos (₱15,000); [100]
days from the effectivity of this Act; and [105]
(R) Sale, importation, printing or publication of books,
(BB) Sale or importation of the following beginning
and any newspaper, magazine, journal, review bulletin,
January 1, 2021 to December 31, 2023: [106]
or any such educational reading material covered by the
UNESCO Agreement on the Importation of Educational,
Scientific and Cultural Materials, including the digital or (i) Capital equipment, its spare parts and raw materials,
electronic format thereof: Provided, That the materials necessary for the production of personal protective
enumerated herein are not devoted principally to the equipment components such as coveralls, gown, surgical
publication of paid advertisements; cap, surgical mask, N-95 mask, scrub suits, goggles and
face shield, double or surgical gloves, dedicated shoes,
and shoe covers, for COVID-19 prevention; and [106]
(S) Transport of passengers by international carriers;[95]
(ii) All drugs, vaccines and medical devices specifically
(T) Sale, importation or lease of passenger or cargo
prescribed and directly used for the treatment of
vessels and aircraft, including engine, equipment and
COVID-19; and [106]
spare parts thereof for domestic or international transport
operations;
(iii) Drugs for the treatment of COVID-19 approved by
the Food and Drug Administration (FDA) for use in
(U) Importation of fuel, goods and supplies by persons
clinical trials, including raw materials directly necessary
engaged in international shipping or air transport
for the production of such drugs: Provided, That the
operations: Provided, That the fuel, goods, and supplies
Department of Trade and Industry (DTI) shall certify
shall be used for international shipping or air transport
that such equipment, spare parts or raw materials for
operations; [95]
importation are not locally available or insufficient in
quantity, or not in accordance with the quality or
(V) Services of bank, non-bank financial intermediaries specification required: Provided, further, That for item
performing quasi-banking functions, and other non-bank (ii), within sixty (60) days from the effectivity of this
financial intermediaries; Act, and every three (3) months thereafter, the
Department of Health (DOH) shall issue a list of
prescription drugs and medical devices covered by this
provision: Provided, finally, That the exemption claimed
under this subsection shall be subject to post audit by the
Bureau of Internal Revenue or the Bureau of Customs as
may be applicable. [106]

(CC) Sale or lease of goods or properties or the


performance of services other than the transactions
mentioned in the preceding paragraphs, the gross annual
sales and/or receipts do not exceed the amount of Three
million pesos (P3,000,000.00). 
SEC. 106. Value-Added Tax on Sale of Goods or subject to zero percent (0%) VAT rate upon satisfaction
Properties. - of the following conditions:

(2) The following sales by VAT-registered persons shall (1) The successful establishment and
be subject to zero percent (0%) rate:[85] implementation of an enhanced VAT refund
system that grants refunds of creditable input tax
(a) Export Sales. [86]- The term “export sales” means: within ninety (90) days from the filing of the
VAT refund application with the
(1) The sale and actual shipment of goods from the Bureau: Provided, That, to determine the
Philippines to a foreign country, irrespective of any effectivity of item no. 1, all applications filed
shipping arrangement that may be agreed upon which from January 1, 2018 shall be processed and
may influence or determine the transfer of ownership of must be decided within ninety (90) days from
the goods so exported and paid for in acceptable foreign the filing of the VAT refund application; and
currency or its equivalent in goods or services, and
accounted for in accordance with the rules and (2) All pending VAT refund claims as of
regulations of the Bangko Sentral ng Pilipinas (BSP); December 21, 2017 shall be fully paid in cash by
December 31, 2019.
(2) Sale and delivery of goods to:
Provided, That the Department of Finance shall establish
(i) Registered enterprises within a separate a VAT refund center in the Bureau of Internal
customs territory as provided under special laws; Revenue(BIR) and in the Bureau of Customs(BOC) that
and will handle the processing and granting of cash refunds
(ii) Registered enterprises within tourism of creditable input tax.
enterprises zones as declared by the Tourism
Infrastructure and Enterprise Zone Authority An amount equivalent to five percent (5%) of the total
(TIEZA) VAT collection of the BIR and the BOC from the
immediately preceding year shall be automatically
(3) Sale of raw materials or packaging materials to a appropriated annually and shall be treated as a special
nonresident buyer for delivery to a resident local export- account in the General Fund or as trust receipts for the
oriented enterprise to be used in manufacturing, purpose of funding claims for VAT refund: Provided,
processing, packing or repacking in the Philippines of That any unused fund, at the end of the year shall revert
the said buyer's goods and paid for in acceptable foreign to the General Fund.
currency and accounted for in accordance with the rules
and regulations of the Bangko Sentral ng Pilipinas Provided, further, That the BIR and the BOC shall be
(BSP); required to submit to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program
(4) Sale of raw materials or packaging materials to (COCCTRP) a quarterly report of all pending claims for
export-oriented enterprise whose export sales exceed refund and any unused fund.[88]
seventy percent (70%) of total annual production;
(b) Sales to persons or entities whose exemption
(5) Those considered export sales under Executive Order under special laws or international agreements to
NO. 226, otherwise known as the “Omnibus Investment which the Philippines is a signatory effectively
Code of 1987”, and other special laws; and subjects such sales to zero rate. [4]

(6) The sale of goods, supplies, equipment and fuel to (c) Sales to offshore gaming licensees subject to
persons engaged in international shipping or gaming tax under Section 125-A of this Code.[20]
international air transport operations: Provided, That the
goods, supplies, equipment and fuel shall be used for SEC. 106.  (B) Transactions Deemed Sale.
international shipping or air transport operations. [4]
- The following transactions shall be deemed sale:
Provided, that subparagraphs (3), (4), and (5) hereof
shall be subject to the twelve percent (12%) value- (1) Transfer, use or consumption not in the course of
added tax and no longer be considered export sales business of goods or properties originally intended for
sale or for use in the course of business;
(2) Distribution or transfer to:

(a) Shareholders or investors as share in the profits of the


VAT-registered persons; or

(b) Creditors in payment of debt;

(3) Consignment of goods if actual sale is not made


within sixty (60) days following the date such goods
were consigned; and

(4) Retirement from or cessation of business, with


respect to inventories of taxable goods existing as of
such retirement or cessation.
SEC. 108. Value-added Tax on Sale of Services  (9) Services rendered to offshore gaming licensees
subject to gaming tax under Section 125-A of this Code
B) Transactions Subject to Zero Percent (0%) Rate - by service providers, including accredited service
The following services performed in the Philippines by providers as defined in Section 27 (G) of this Code.[20]
VAT- registered persons shall be subject to zero percent
(0%) rate. Provided, that subparagraphs (1) and (5) hereof shall be
subject to the twelve percent (12%) value-added tax
(1) Processing, manufacturing or repacking goods for and no longer be considered export sales subject to zero
other persons doing business outside the Philippines percent (0%) VAT rate upon satisfaction of the
which goods are subsequently exported, where the following conditions:
services are paid for in acceptable foreign currency and
accounted for in accordance with the rules and (1) The successful establishment and
regulations of the Bangko Sentral ng Pilipinas (BSP); implementation of an enhanced VAT refund
system that grants refunds of creditable input tax
(2) Services other than those mentioned in the preceding within ninety (90) days from the filing of the
paragraph, rendered to a person engaged in business VAT refund application with the
conducted outside the Philippines or to a nonresident Bureau: Provided, That, to determine the
person not engaged in business who is outside the effectivity of item no. 1, all applications filed
Philippines when the services are performed, the from January 1, 2018 shall be processed and
consideration for which is paid for in acceptable foreign must be decided within ninety (90) days from
currency and accounted for in accordance with the rules the filing of the VAT refund application; and
and regulations of the Bangko Sentral ng Pilipinas
(BSP); (2) All pending VAT refund claims as of
December 21, 2017 shall be fully paid in cash by
(3) Services rendered to persons or entities whose December 31, 2019.
exemption under special laws or international
agreements to which the Philippines is a signatory
effectively subjects the supply of such services to zero
percent (0%) rate;

(4) Services rendered to persons engaged in international


shipping or international air transport operations,
including leases of property for use thereof: Provided,
That these services shall be exclusive for international
shipping or air transport operations; [92]

(5) Services performed by subcontractors and/or


contractors in processing, converting, or manufacturing
goods for an enterprise whose export sales exceed
seventy percent (70%) of total annual production;

(6) Transport of passengers and cargo by domestic [92] air


or sea vessels from the Philippines to a foreign country;
and

(7) Sale of power or fuel generated through renewable


sources of energy such as, but not limited to, biomass,
solar, wind, hydropower, geothermal, ocean energy, and
other emerging energy sources using technologies such
as fuel cells and hydrogen fuels.

(8) VETOED BY THE PRESIDENT [93]


OTHER PERCENTAGE TAXES In computing the percentage tax provided in this Section,
the following shall be considered the minimum quarterly
SEC. 116. Tax on Persons Exempt from Value-Added gross receipts in each particular case:
Tax (VAT). [115]- Any person whose sales or receipts are
exempt under Section 109(CC) [116] of this Code from the Jeepney for hire –
payment of value-added tax and who is not a VAT-
registered person shall pay a tax equivalent to three 1. Manila and other cities P 2,400
percent (3%) of his gross quarterly sales or receipts: 2. Provincial 1,200
Provided, That cooperatives, [117] shall be exempt from
the three percent (3%) gross receipts tax herein imposed: Public utility bus –
Provided, further, That effective July 1, 2020 until June
30, 2023, the rate shall be one percent (1%). [118] Not exceeding 30 passengers P 3,600
Exceeding 30 but not exceeding 50 passengers 6,000
(NOTE: The amendment introduced by the TRAIN Law Exceeding 50 passengers 7,200
was vetoed by the President. The veto message reads:
Taxis -
C. Exemptions from percentage tax of gross
sales/receipts not exceeding five hundred thousand 1. Manila and other cities P 3,600
pesos (P500,000) 2. Provincial 2,400

I am constrained to veto the provision which provides Car for hire (with chauffer) P 3,000
for the above under line 12 of Sec. 38 in the enrolled
bill, to wit: Car for hire (without chauffer) 1,800
“And Beginning January 1, 2019, Self-Employed and
Professionals With Total Annual Gross Sales And/Or
Gross Receipts Not exceeding Five Hundred Thousand
SEC. 118 Percentage Tax on International
Pesos (P500,000)
Carriers. – [120]
The Proposed exemption from percentage tax will result
(A) International air carriers doing; business in the
in unnecessary erosion of revenues and would lead to
Philippines on their gross receipts derived from transport
abuse and leakages. The subject taxpayers under this
of cargo from the Philippines to another country shall
provision are already exempted from the VAT, thus, the
pay a tax of three percent (3%) of their quarterly gross
lower three percent percentage tax on gross sales or
receipts.
gross receipts is considered as their fair share in
contributing to the revenue base of the country.)
(B) International shipping carriers doing business in the
Philippines on their gross receipts derived from transport
of cargo from the Philippines to another country shall
pay a tax equivalent to three percent (3%) of their
SEC. 117. Percentage Tax on Domestic Carriers and quarterly gross receipts.
Keepers of Garages. - Cars for rent or hire driven by the
lessee, transportation contractors, including persons who
transport passengers for hire, and other domestic carriers
by land, [119] for the transport of passengers [except
owners of bancas] and owners of animal-drawn two SEC. 119. Tax on Franchises. - Any provision of
wheeled vehicle), and keepers of garages shall pay a tax general or special law to the contrary notwithstanding,
equivalent to three percent (3%) of their quarterly gross there shall be levied, assessed and collected in respect to
receipts. all franchises on radio and/or television broadcasting
companies whose annual gross receipts of the preceding
year do not exceed Ten million pesos (P10,000.00),
The gross receipts of common carriers derived from their
subject to Section 236 of this Code, a tax of three
incoming and outgoing freight shall not be subjected to
percent (3%) and on gas and water utilities, a tax of two
the local taxes imposed under Republic Act No. 7160,
percent (2%) on the gross receipts derived from the
otherwise known as the Local Government Code of
business covered by the law granting the franchise:
1991.
Provided, however, That radio and television
broadcasting companies referred to in this Section shall or television newspaper broadcasting agency, or
have an option to be registered as a value-added taxpayer newsticker service or to a bona fide correspondent,
and pay the tax due thereon: Provided, further, That once which messages deal exclusively with the collection of
the option is exercised, said option shall not be news items for, or the dissemination of news item
irrevocable. [119] through, public press, radio or television broadcasting or
a newsticker service furnishing a general news service
The grantee shall file the return with, and pay the tax due similar to that of the public press.
thereon to the Commissioner or his duly authorized
representative, in accordance with the provisions of
Section 128 of this Code, and the return shall be subject
to audit by the Bureau of Internal Revenue, any SEC. 121. Tax on Banks and Non-Bank Financial
provision of any existing law to the contrary Intermediaries Performing Quasi- Banking
notwithstanding. Functions. - There shall be collected a tax on a gross
receipt derived from sources within the Philippines by
all banks and non-bank financial intermediaries in
accordance with the following schedule:
SEC. 120. Tax on Overseas Dispatch, Message or
Conversation Originating from the Philippines. - (a) On interest, commissions and discounts from lending
activities as well as income from financial leasing, on
(A) Persons Liable. - There shall be collected upon the basis of remaining maturities of instruments from
every overseas dispatch, message or conversation which such receipts are derived:
transmitted from the Philippines by telephone, telegraph,
telewriter exchange, wireless and other communication Maturity period is five years or less            5%
equipment service, a tax of ten percent (10%) on the
amount paid for such services. The tax imposed in this Maturity period is more than five years      1% 
Section shall be payable by the person paying for the
services rendered and shall be paid to the person (b) On dividends and equity shares and net income of
rendering the services who is required to collect and pay subsidiaries 0%
the tax within twenty (20) days after the end of each
quarter. (c) On royalties, rentals of property, real or personal,
profits, from exchange and all other items treated as
(B) Exemptions. - The tax imposed by this Section shall gross income under Section 32 of this Code 7%
not apply to:
(d) On net trading gains within the taxable year on
(1) Government. - Amounts paid for messages foreign currency, debt securities, derivatives, and other
transmitted by the Government of the Republic of the similar financial instruments. 7% 
Philippines or any of its political subdivisions or
instrumentalities; Provided, however, That in case the maturity period
referred to in paragraph (a) is shortened thru pre-
(2) Diplomatic Services. - Amounts paid for messages termination, then the maturity period shall be reckoned
transmitted by any embassy and consular offices of a to end as of the date of pre-termination for purposes of
foreign government; classifying the transaction and the correct rate of tax
shall be applied accordingly.
(3) International Organizations. - Amounts paid for
messages transmitted by a public international Provided, finally, That the generally accepted accounting
organization or any of its agencies based in the principles as may be prescribed by the Bangko Sentral
Philippines enjoying privileges, exemptions and ng Pilipinas for the bank or non0bank financial
immunities which the Government of the Philippines is intermediary performing quasi-banking functions shall
committed to recognize pursuant to an international likewise be the basis for the calculation of gross
agreement; and receipts. [121]

(4) News Services. - Amounts paid for messages from Nothing in this Code shall preclude the Commissioner
any newspaper, press association, radio or television from imposing the same tax herein provided on persons
newspaper, broadcasting agency, or newstickers performing similar banking activities.
services, to any other newspaper, press association, radio
the original insurance has been issued or perfected; nor
upon that portion of the premiums collected or received
SEC. 122. Tax on Other Non-Bank Financial by the insurance companies on variable contracts (as
Intermediaries. [122]- There shall be collected a tax of defined in Section 232(2) of Presidential Decree No.
five percent (5%) on the gross receipts derived by other 612), in excess of the amounts necessary to insure the
non-bank financial intermediaries doing business in the lives of the variable contract workers.
Philippines, from interests, commissions, discounts and
all other items treated as gross income under this code.: ‘Cooperative companies or associations’ are such as are
Provided, That interests, commissions and discounts conducted by the members thereof with the money
from lending activities, as well as income from financial collected from among themselves and solely for their
leasing, shall be taxed on the basis of the remaining own protection and not for profit.
maturities of the instruments from which such receipts
are derived, in accordance with the following schedule:

Maturity period is five years or less           5% SEC. 124. Tax on Agents of Foreign Insurance
Companies. - Every fire, marine or miscellaneous
Maturity period is more than five years     1% insurance agent authorized under the Insurance Code to
procure policies of insurance as he may have previously
Provided, however, That in case the maturity period is been legally authorized to transact on risks located in the
shortened thru pre-termination, then the maturity period Philippines for companies not authorized to transact
shall be reckoned to end as of the date of pre-termination business in the Philippines shall pay a tax equal to twice
for purposes of classifying the transaction and the the tax imposed in Section 123: Provided, That the
correct rate of tax shall be applied accordingly. provision of this Section shall not apply to reinsurance:
Provided, however, That the provisions of this Section
Provided, finally, That the generally accepted accounting shall not affect the right of an owner of property to apply
principles as may be prescribed by the Securities and for and obtain for himself policies in foreign companies
Exchange Commission for other non-bank financial in cases where said owner does not make use of the
intermediaries shall likewise be the basis for the services of any agent, company or corporation residing
calculation of gross receipts. [123] or doing business in the Philippines. In all cases where
owners of property obtain insurance directly with foreign
Nothing in this Code shall preclude the Commissioner companies, it shall be the duty of said owners to report
from imposing the same tax herein provided on persons to the Insurance Commissioner and to the Commissioner
performing similar financing activities. each case where insurance has been so effected, and
shall pay the tax of five percent (5%) on premiums paid,
in the manner required by Section 123.

SEC. 123. Tax on Life Insurance Premiums. - There SEC. 125. Amusement Taxes. - There shall be collected
shall be collected from every person, company or from the proprietor, lessee or operator of cockpits,
corporation (except purely cooperative companies or cabarets, night or day clubs, boxing exhibitions,
associations) doing life insurance business of any sort in professional basketball games, Jai-Alai and racetracks, a
the Philippines a tax of two percent (2%) [124] of the total tax equivalent to:
premium collected, whether such premiums are paid in
money, notes, credits or any substitute for money; but (a) Eighteen percent (18%) in the case of cockpits;
premiums refunded within six (6) months after payment
on account of rejection of risk or returned for other (b) Eighteen percent (18%) in the case of cabarets, night
reason to a person insured shall not be included in the or day clubs;
taxable receipts; nor shall any tax be paid upon
reinsurance by a company that has already paid the tax; (c) Ten percent (10%) in the case of boxing exhibitions:
nor upon doing business outside the Philippines on Provided, however, That boxing exhibitions wherein
account of any life insurance of the insured who is a World or Oriental Championships in any division is at
nonresident, if any tax on such premium is imposed by stake shall be exempt from amusement tax: Provided,
the foreign country where the branch is established nor further, That at least one of the contenders for World or
upon premiums collected or received on account of any Oriental Championship is a citizen[s] of the Philippines
reinsurance , if the insured, in case of personal and said exhibitions are promoted by a citizen/s of the
insurance, resides outside the Philippines, if any tax on Philippines or by a corporation or association at least
such premiums is imposed by the foreign country where
sixty percent (60%) of the capital of which is owned by failure to cooperate with the third-party auditor shall
such citizens; result in the revocation of the license of the offshore
gaming licensee.
(d) Fifteen percent (15%) in the case of professional
basketball games as envisioned in Presidential Decree “The Philippine Amusement and Gaming Corporation or
No. 871: Provided, however, That the tax herein shall be any special economic zone authority or tourism zone
in lieu of all other percentage taxes of whatever nature authority or freeport authority shall engage the services
and description; and of a third-party audit platform that would determine the
gross gaming revenues or receipts of offshore gaming
(e) Thirty percent (30%) in the case of Jai-Alai and licensees. To ensure that the proper taxes and regulatory
racetracks - of their gross receipts, irrespective, of fees are levied, periodic reports about the results of the
whether or not any amount is charged for admission. operation showing, among others, the gross gaming
revenue or receipts of each offshore gaming licensee
For the purpose of the amusement tax, the term ‘gross shall be submitted to the Bureau of Internal Revenue by
receipts’ embraces all the receipts of the proprietor, the Philippine Amusement and Gaming Corporation or
lessee or operator of the amusement place. Said gross any special economic zone authority or tourism zone
receipts also include income from television, radio and authority or freeport authority as certified by their third-
motion picture rights, if any. A person or entity or party auditor: Provided: That the third-party auditor shall
association conducting any activity subject to the tax be independent, reputable, internationally-known, and
herein imposed shall be similarly liable for said tax with duly accredited as such by an accreditor similar agency
respect to such portion of the receipts derived by him or recognized by industry experts: Provided, finally, That
it. nothing herein shall prevent the Bureau of Internal
Revenue and the Commission on Audit from
The taxes imposed herein shall be payable at the end of undertaking a post-audit or independent verification of
each quarter and it shall be the duty of the proprietor, the gross gaming revenues determined by the third-party
lessee or operator concerned, as well as any party liable, auditor.  [20]
within twenty (20) days after the end of each quarter, to
make a true and complete return of the amount of the
gross receipts derived during the preceding quarter and
pay the tax due thereon. SEC. 126. Tax on Winnings. - Every person who wins
in horse races shall pay a tax equivalent to ten percent
SECTION 125-A Gaming Tax on Services Rendered (10%) of his winnings or 'dividends', the tax to be based
by Offshore Gaming Licensees. - Any provision of on the actual amount paid to him for every winning
existing laws, rules or regulations to the contrary ticket after deducting the cost of the ticket: Provided,
notwithstanding, the entire gross gaming revenue or That in the case of winnings from
receipts or the agreed predetermined minimum monthly double, forecast/quinella and trifecta bets, the tax shall
revenue or receipts from gaming, whichever is higher, be four percent (4%). In the case of owners of winning
shall be levied, assessed, and collected a gaming tax race horses, the tax shall be ten percent (10%) of the
equivalent to (5%), in lieu of all other direct and indirect prizes.
internal revenue taxes and local taxes, with respect to
gaming income: Provided, That the gaming tax shall be The tax herein prescribed shall be deducted from the
directly remitted to the Bureau of Internal Revenue not 'dividends' corresponding to each winning ticket or the
later than the 20th day following the end of each month: 'prize' of each winning race horse owner and withheld by
Provided, further, That the Philippine Amusement and the operator, manager or person in charge of the horse
Gaming Corporation or any special economic zone races before paying the dividends or prizes to the
authority or tourism zone authority or freeport authority persons entitled thereto.
may impose regulatory fees on offshore gaming
licensees which shall not cumulatively exceed two The operator, manager or person in charge of horse races
percent (2%) of the gross gaming revenue or receipts shall, within twenty (20) days from the date the tax was
derived from gaming operations and similar related deducted and withheld in accordance with the second
activities of all offshore gaming licensees or a paragraph hereof, file a true and correct return with the
predetermined minimum guaranteed fee, whichever is Commissioner in the manner or form to be prescribed by
higher: Provided, furthermore, That for purposes of this the Secretary of Finance, and pay within the same period
Section, gross gaming revenue or receipts shall mean the total amount of tax so deducted and withheld.
gross wages less payouts: Provided, finally, That the
taking of wagers made in the Philippines and the grave
SEC. 127. Tax on Sale, Barter or Exchange of Shares
of Stock Listed and Traded through the Local Stock
Exchange or through Initial Public Offering. -

(A) Tax on Sale, Barter or Exchange of Shares of


Stock Listed and Traded through the Local Stock
Exchange. [4] - There shall be levied, assessed and
collected on every sale, barter, exchange, or other
disposition of shares of stock listed and traded through
the local stock exchange other than the sale by a dealer
in securities, a tax at the rate of six-tenths of one percent
(6/10 of 1%) [125] of the gross selling price or gross value
in money of the shares of stock sold, bartered,
exchanged or otherwise disposed which shall be paid by
the seller or transferor.

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